One of the principal causes of injury on construction sites is tied to dangerous or defective products, including tools, machines, equipment and building materials. When you have been injured because of exposure to or the malfunction of a product, there are a number of legal theories that you can use to pursue damages:
- Negligent manufacturing—This involves a breach of the duty to use reasonable care in the construction, assembly, fabrication or manufacture of a product. It might entail the use of substandard materials, negligence in training or monitoring employees, failure to set up appropriate manufacturing procedures, or inadequate testing
- Negligent design—This claim involves a failure to consider potential safety risks when designing a product. With negligent design, it doesn’t matter whether the product was properly manufactured—the risk of injury stems from design flaws. For example, a ladder that has high center of gravity, making it susceptible to falling over
- Negligent marketing—The manufacturer or marketer of a consumer product has a duty to inform potential users of any safety risks tied to a product, whether they are actually known or can reasonably be deduced. Accordingly, there must be labels, on the product or the box, identifying such risks.
Third Party Actions
With most work-related injuries, your exclusive remedy will be workers’ compensation. However, since workers’ compensation applies only to instances of negligence by an employer or co-worker, product liability claims typically don’t fall under this limitation. If the product was manufactured, designed or marketed by someone other than your employer or a co-employee, you can file a lawsuit for damages.
Contact Us to Protect Your Rights
In the aftermath of a personal injury, evidence can get lost and memories can fade. Don’t run the risk that you won’t be able to get full and fair compensation for your injuries. Contact our office online or call us at 856-667-4666 / 856-600-HURT to arrange a meeting. Evening and weekend appointments can be set up by request. We’ll also come to your home or the hospital to meet with you, if necessary.
We handle all personal injury claims on a contingent fee basis. There won’t be any attorney fees unless we recover compensation for your losses.
